This case has been cited 2 times or more.
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2015-11-10 |
PERLAS-BERNABE, J. |
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| That the remedy excepted in the second paragraph of Section 14, RA 6770 could be a petition for certiorari under Rule 65 of the 1964 Rules of Court or the 1997 Rules of Procedure is a suggestion that defies traditional norms of procedure. It is basic procedural law that a Rule 65 petition is based on errors of jurisdiction, and not errors of judgment to which the classifications of (a) questions of fact, (b) questions of law, or (c) questions of mixed fact and law, relate to. In fact, there is no procedural rule, whether in the old or new Rules, which grounds a Rule 65 petition on pure questions of law. Indeed, it is also a statutory construction principle that the lawmaking body cannot be said to have intended the establishment of conflicting and hostile systems on the same subject. Such a result would render legislation a useless and idle ceremony, and subject the laws to uncertainty and unintelligibility.[135] There should then be no confusion that the second paragraph of Section 14, RA 6770 refers to a Rule 45 appeal to this Court, and no other. In sum, the appropriate construction of this Ombudsman Act provision is that all remedies against issuances of the Office of the Ombudsman are prohibited, except the above-stated Rule 45 remedy to the Court on pure questions of law. | |||||
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2005-03-21 |
SANDOVAL-GUTIERREZ, J. |
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| We sustain the Resolution of the IBP Board of Governors.Section 10, Chapter 3, Title III, Book IV of the Administrative Code of 1987 provides: "SEC. 10. Office of the Government Corporate Counsel. The Office of the Government Corporate Counsel (OGCC) shall act as the principal law office of all government-owned or controlled corporations, their subsidiaries, other corporate offspring and government acquired asset corporations and shall exercise control and supervision over all legal departments or divisions maintained separately and such powers and functions as are now or may hereafter be provided by law. In the exercise of such control and supervision, the Government Corporate Counsel shall promulgate rules and regulations to effectively implement the objectives of this Office." The above provision lays down the rule that with respect to GOCCs, their principal counsel shall be the OGCC. Corollarily, Section 61 of Presidential Decree No. 269, the charter of the NEA, provides: "SEC. 61. NEA Counsel. The Chief of the legal division or any other lawyer of the NEA shall represent the same in all judicial proceedings. It shall be the duty of the Solicitor General to represent NEA in any judicial proceedings if, for special reasons, the administrators shall request his intervention." Section 61 of the NEA Charter must be construed as an exception to the provision of the Administrative Code quoted earlier. This is in accordance with the rule of statutory construction that where two statutes are of equal theoretical application to a particular case, the one designed therefore specially should prevail.[5] | |||||